Clauses_Construction__LPTA_over_ 150 000_.rtf

RFP F15PS00696- Willow Beach Floating Pump System

Section A—Solicitation/Contract Form

The solicitation/statement of work and the Standard Forum (SF) 1442 can be found as attachment for this announcement.

Section B--Supplies or Services/Prices

(No Clauses)

Section C--Description/Specifications

The specifications and drawings and any modifications thereto attached to this contract as an attachment in Section J are by this reference made a part of this contract.

52.236-27 Site Visit (Construction). (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) The schedule pre-bid site visit will be July 14, 2015 at 10:00am, held at the Willow Beach National Fish Hatchery. Site Visit Point of contact will be:

Contact Project Leader: Mark Olson Telephone: 928-767-3456 E-mail: mark_olson@fws.gov

(End of provision)

Section D--Packaging and Marking

(No Clauses)

Section E--Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

(a) Definition. Work includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

1452.236-80 Government Inspector

(a) Day-to-day inspection activities will be performed by the Contracting Officer's Representative (COR) or the Governments Contracted Site Inspector (GCSI) in the event that the COTR or GCSI are not present during the first hour of work at the beginning of the work day, the Contractor will immediately notify the Contracting Officer or the COR.

(End of clause)

52.236-6 Superintendence by the Contractor. (JUL 1995)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

(End of clause)

52.236-21 Specifications and Drawings for Construction. (FEB 1997)

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words directed, required, ordered, designated, prescribed, or words of like import are used, it shall be understood that the direction, requirement, order, designation, or prescription, of the Contracting Officer is intended and similarly the words approved, acceptable, satisfactory, or words of like import shall mean approved by, or acceptable to, or satisfactory to the Contracting Officer, unless otherwise expressly stated.

(c) Where as shown, as indicated, as detailed, or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word provided as used herein shall be understood to mean provide complete in place, that is furnished and installed.

(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements, and (2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below.

(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

Alternate II (Apr 1984).

(g) Upon completing the work under this contract, the Contractor shall furnish the number of copies sets as required by the COTR of prints of all shop drawings as finally approved. These drawings shall show changes and revisions made up to the time the equipment is completed and accepted.

(End of clause)

52.246-21 Warranty of Construction. (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of -

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall -

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause)

Section F--Deliveries or Performance

1452.215-73 PRE-BID / PRE-PROPOSAL CONFERENCE (NOV 2007)

(a) A pre-bid proposal site visit will be held July 14, 2015 at 10:00am. All contractors are encouraged to make this site visit.

(End of Clause)

1452.228-70 Liability Insurance (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$275,000.00 each person*

$500,000.00 each occurrence*

$20,000.00 property damage*

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

(End of clause)

52.228-15 -- Performance and Payment Bonds -- Construction (Oct 2010)

(a) Definitions. As used in this clause -- “Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance Bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/ .

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of Clause)

52.236-15 Schedules for Construction Contracts. (JUL 1995)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

(End of clause)

52.236-5 Material and Workmanship. (OCT 1995)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

(End of clause)

FWS-R2-- Contractor Submittal Clause

In accordance with Contract clause 52.236-5- Material and Workmanship, the contractor is required to comply with the following.

The primary responsibility for overall management and control of submittals lies with the contractor.

The contractor must integrate the submittal process into his QC Plan.

The submittals contemplated by the clause entitled, "Materials and Workmanship" and as required in the specifications, shall be accomplished on Form R2EN-021, Material Approval Submittal and submitted to the COTR by either e-mail or by mail.

Submittals shall be submitted within 10 days after receipt of contract award or as practical, but no later than 15 calendar days of incorporation into the work.

There will be no approval of submittals prior to bid opening and award. Submittals will be evaluated based on the requirements of the specifications and drawings, during the submittal process after contract award.

All submittals shall be approved by the COTR before items are incorporated in the work.

The COTR will approve or disapproved submittals within 7 calendar days from receipt from the contractor, plus transmittal time back and forth.

Do not commence work which requires review of any submittals until receipt of returned submittals with an acceptable action.

Note: Incorporation of materials in a project prior to receipt of approved submittals shall be solely at the risk of the contractor.

Unless stated otherwise in the individual specification section, provide 3 copies of submittals for use by the government, plus the number of submittals needed to be returned to the Contractor for use by Contractor, sub-contractors, suppliers, or others. If submitted by e-mail with electronic attachments, only one e-mail copy is required.

If mailing, the contractor shall mail to:

U.S. Fish & Wildlife Service Region 2, Division of Engineering - COTR- Mike Zamora P.O. Box 1306, Albuquerque, NM 87103-1306.

The COTR may require the contractor to submit certificates, manufacturing brochures, etc... for the purposes of informational review and as support to submittal approval process.

The contractor is required to submit as many submittals for the COTR’s approval as practicable after acknowledging the receipt of award.

Typical submittals are categorized into the following submittal identifications:

Submittals shall come directly from the Contractor with their stamp and signature of approval; submittals will not be accepted from sub-contractors or suppliers.

Submittals must show clearly that the product, sample or shop drawing conforms to the specifications.

Completely identify each submittal by showing at least the following information:

1. Name and address of submitter (Contractor), plus name and telephone number of the individual to contact for further information.

2. Name of project as it appears in these specifications.

3. Contract number, submittal number, and specification section number to which the submittal applies.

4. Whether this is an original submittal or resubmittal.

5. Each item shall clearly note the manufacturer=s name and address, trade name, product, lot, style, color, catalog designation or model number, and locations of use.

Do not fabricate products or begin work which requires submittals until return of reviewed submittal with acceptance by the COTR is received.

On return, promptly distribute reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions.

Revise and resubmit submittals as required within 15 days of return from initial review.

Identify all changes made since previous submittal.

(End Clause)

52.236-1 Performance of Work by the Contractor. (SEP 2006)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least not less than 12 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 calendar days for design and 120 calendar days construction after issuance of NTP. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 9/30/13. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of clause)

1452.211-71 CONTRACT WORK HOURS (NOV 2007)

The performance period established for this contract is based upon all work being conducted during regular working hours. Regular working hours are limited to the time between 7:00 Am and 4:00 PM, Monday through Friday, excluding Government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and Government holidays, a request must be submitted to the Contracting Officer Representative in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

(End of Clause)

1452.211-72 COMPLETION DATE (NOV 2007)

The period of performance of this contract shall be from date of award through completion.

(End of Clause)

Section G--Contract Administration Data

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) and Construction Inspector (CI), as required, at time of award. The COR and CI will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and CI will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR and CI are not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR or CI has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's or CI's appointment, within 3 days of the occurrence.

Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer, COR and CI.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR or CI acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

(End of clause)

52.242-17 Government Delay of Work. (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted

(1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or

(2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

(End of clause)

Section H--Special Contract Requirements

FWS Clause 0002.0001--USFW Reion-2 Construction Progress Payment Procedures Before submitting FWS Application for Construction Progress Payment Form, as an attachment in IPP, the contractor must follow the below steps, as to not have the payment rejected, due to errors contained in the payment request, and delay the payment process.

Step 1.

Contractor submits draft progress payment using FWS Application for Construction Progress Payment Form to Field Inspector (FI), via attached to an e-mail, with a copy to the Contracting Officer’s Technical Representative (COTR) and cognizant Contracting Officer (CO) for preliminary review.

Step 2.

Once the Field Inspector (FI) receives the FWS Application for Construction Progress Payment Form, via attachment by e-mail, the Field Inspector (FI) will review, per FI/CI DOI Manual, and sign his or hers portion of the payment application for, if all is current, accurate and complete.

The COTR and CO will perform a cursory review the payment application in concert with the FI. If the COTR and or CO have no objections with the payment application, you will not hear from them. If the COTR and or CO do have concerns, they will notify the FI and contractor to make the appropriate corrections before the contractor submits the payment request in IPP, with the attached payment application.

If the FI, finds errors omissions or doesn’t agree with the percentage of completion, he or she will contact the COTR and CO for either the COTR or CO to provide the FI guidance on how to best proceed with the contractor.

If either COTR and or CO advise the FI to return the payment application back to the contractor for corrections, the FI will accomplish this task.

The contract will make the required corrections and resubmit to the FI for review with a copy to the COTR and CO for FI approval and signature.

If FI approves and signs his or hers portion of the payment application, the FI will send via e-mail attachment the approved/signed copy of payment application for the contractor to submit in IPP.

Step 3.

Upon receipt of the FI approves and signed payment application, the contractor will prepare an invoice in the IPP system and attach the FI approved/signed payment application with the IPP invoice.

Step 4.

The IPP invoice and attached FI approved payment application will be send the COTR 1st for a review and recommendation to CO for payment in the FBMS system and will prepare, sign, attach to FBMS and forward to CO a USFWS COTR CO Recommendation for Payment Form and contractor’s payment application via FBMS.

Once the CO receives the contractor’s payment application and USFWS COTR CO Recommendation for Payment Form, he or she will review contractor’s payment application and USFWS COTR CO Recommendation in accordance with the contract terms and conditions and either approve payment request or disapprove payment request or withhold 10%, if progress or quality problems remain uncorrected.

Once CO approves payment request it will be forwarded to the USFWS Denver Operation Office for further review and for payment to the contractor’s bank via electronic funds transfer (EFT) procedures.

Step 5.

Ten (10) days prior to completion of all construction under the terms and conditions of the contract, the contractor will send an e-mail requesting a Final Inspection to the COTR, and FI with a copy of the request e-mailed to the CO.

Once the COTR and FI approve the final inspection request, a time and date will be set by the COTR and FI to perform the final inspection.

A final Inspection form will be provided by the FI and will be used to conduct the inspection. At the end of the inspection, both the contractor and FI will sign the final inspection form.

Note: Either FI, COTR or both are authorized by CO to perform the final inspection.

If both the FI and COTR perform the final inspection, both must sign the inspection form along with contractor.

As a result of final inspection, if there are any “Punchlist Items” noted on the final inspection Form, the contractor shall promptly correct or replace all deficiencies noted, per contract clause 52.246-12- Inspection before submitting the final request for payment.

If there are issues present in which cannot be resolved at the FI and COTR level, the contractor, FI and COTR will e-mail CO of the issues for resolution.

Step 6.

When all punchlist items have been completed, if any, the contractor will notify by e-mail the FI, COTR and CO stating all punchlist items have been correct and request the FI and COTR verify completion of the corrected punchlist items.

If issue(s) still remain, the contractor, FI and COTR will e-mail CO of the issues for resolution.

I there are no outstanding performance issues and all punchlist items have been corrected, the FI will send the final inspection checklist with all correction notes as complete and signed by the FI and or COTR or both with the contractor’s signature, the CO will prepare and issue a Certificate of Final Acceptance to COTR, FI and contractor.

Upon receipt of the Certificate of Final Acceptance, the contract will submit the final payment request in accordance with Step 1 along with a DI-137 Release of Claims Form attached to pay application in IPP. The government will perform the all steps noted above for final payment.

Note: the term of the contract warranty will begin on the date the CO signs and dates the Certificate of Final Acceptance, per contract 52.246-21-Warranty for construction.

(End Clause) DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) APRIL 2011

Beginning November 7, 2011, payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP). Payment terms for existing contracts and orders awarded prior to November 7 remain the same. The Contractor must use IPP for contracts and orders awarded November 7 and later, and must use the non-IPP invoicing process for those contracts and orders awarded prior to November 7.

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: Internet Payment Platform (IPP)-Home_page.mht or https://www.ipp.gov Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. USFWS Application for Payment, and

2. Davis Bacon Payrolls for the payment period requested.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the original contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer.

(End of clause)

1452.236-82 Location and Protection of Utilities and other Improvements

(a) Prior to the initiation of work, the Contractor shall contact all utility companies and property owners in order to determine the exact location of utilities. All utilities in or near the construction area, both above and below ground, shall be located, protected, and if necessary, relocated by the Contractor prior to construction.

(b) Should damage to a utility occur, the Contractor shall immediately notify the affected utility company, the affected property owner and the COTR.

(c) During grouting operations, the Contractor shall continuously monitor all structures and residences in and around the project area in order to avoid damage as a consequence of the work. In the event such damage does occur, the Contractor shall terminate operations immediately and notify the affected owner and the COTR. The Contractor shall repair at the Contractor's expense any damage to those structures and residences, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work.

(d) Prior to project initiation, the Contractor shall water test all sewer lines that may be affected by project activities. The test shall consist of running a water-dye mixture through the sewer line for purposes of determining whether the line is in an open condition. The testing shall be performed in the presence of the Contractor, the Office of Surface Mining (OSM) Representative, and the utility owner. The results shall be recorded and provided to each participant prior to the Contractor beginning any work on the site. There will be no separate compensation for the performance of sewer testing. Should the tests indicate that an obstruction or other deficiency exists within a tested sewer line, the Contractor shall take appropriate actions to ensure that its activities do not damage or affect the line. Work may be suspended by the Contracting Officer, in part or completely, in order to permit the owner of the affected sewer line to make repairs.

(End of clause)

1452.236-83 Equipment Responsibility

(a) All equipment shall be in satisfactory operating condition, capable of safely and efficiently performing the work required, and of a size commensurate with the work to be performed. Qualified operating personnel shall be provided by the Contractor for the operation of this equipment.

(b) The Contractor shall furnish and install all fuel, grease, cables, repair parts, tools, methane monitors, welders, and all other miscellaneous supplies and parts necessary for efficient and safe operation. Repairs and replacements shall be made by the Contractor at the Contractor's own expense, within 48 hours from the time of breakdown.

(c) The Contracting Officer or the COTR may at any time inspect the Contractor's equipment on the job site. If said equipment is deemed inadequate or any part thereof improper, the Contractor shall replace or make repairs in a manner consistent with paragraph (b) above.

(End of clause)

1452.236-85 Rights of Entry - Project Site Area

Rights of entry from the landowners within the project site area are the responsibility of the Refuge or Hatchery Manager. Any property to be affected or utilized by the Contractor within the project site shall not be entered upon prior to coordinating with the Refuge or Hatchery Manager.

(End of clause)

1452.236-86 Storage Areas - Waste Areas - Borrow Areas

(a) The Contractor shall make arrangements for the handling, storage and protection of all materials and equipment to be used in this work area. Prior to the storage of any material on private property outside the project site area, the Contractor shall enter into a written agreement with the property owner granting permission for such storage. The agreement between the Contractor and the private property owner shall provide for the restoration of that property used for storage purposes in a manner consistent with the technical specifications of this contract.

(b)The Contractor shall make arrangements for the use of waste areas required for the disposal of unsuitable and/or surplus material. Prior to the use of any private property outside of the project site as a waste area, the Contractor shall enter into a written agreement with the property owner granting permission to use the land for such purposes. The agreement between the Contractor and the private property owner shall provide for the restoration consistent with the technical specifications of the contract.

(c) The Contractor shall make arrangements for the use of off-site borrow areas. Prior to the use of any private property as an off-site borrow area, the Contractor shall enter into a written agreement with the property owner granting permission to use the land for such purposes. The agreement between the Contractor and the private property owner shall provide for the restoration of the property in a manner consistent with the technical specifications of this contract.

(d) A copy of each agreement between the Contractor and a private property owner shall be provided to the Realty Branch of OSM and the COTR. Each agreement must be approved by the Realty Branch of OSM prior to the storage of any material on the private property, or the use of the property as a waste area or borrow site.

(End of clause)

1452.236-88 Detours, Traffic Control Plan, Traffic Barricades, Warning and Safety Protection Devices

(a) The Contractor shall adequately protect work under construction, as well as protect the public from accident and unnecessary inconvenience, with barricades, warning, and safety devices.

(b) Any barricades detour, and directional signs required for implementing the establishment of a detour and/or equipment entrance points, shall be furnished, erected and maintained by the Contractor. No separate compensation shall be allowed for permits, bonding of roads, traffic barricades, warning and safety protection devices, as it shall be considered part of the Contract bid lump sum price for mobilization and demobilization. Damaged, lost and/or stolen warning and safety protection devices shall be replaced with same by the Contractor within 12 hours with no additional compensation allowed for replacement of repair of such devices.

(c) The Contractor shall contact the State or local authority responsible for roads and highways regarding the requirements for the maintenance of traffic along any affected roadways for the duration of the contract.

(End of clause)

1452.237-80 Safety, Regulations, Laws to be Observed

(a) The Contractor, its employees, and its subcontractors and employees shall abide by all safety rules applicable at the site of the work and shall comply with all applicable laws, ordinances, orders, codes, rules, regulations, etc. The Contractor shall furnish employees, including those of subcontractors, with recognized approved safety equipment, devices, and sanitary facilities and enforce compliance in their use consistent with accepted practices and applicable rules. The Contractor shall provide barricades, signs, and other safety equipment as required by Federal, State, or local codes.

(b) The Contractor shall comply with all regulations of the Occupational Safety and Health Act (OSHA) of 1970. The Government shall not be liable for any citations received by the Contractor as a result of failure to comply with applicable OSHA standards.

(c) All appropriate Township, County, State, and Federal Regulations, codes, and ordinances shall apply to this Contract. It shall be the Contractors sole responsibility to be aware of these regulations and to comply with them. The Government shall not be liable for any citations received by the Contractor.

(d) The Contractor, at all times, shall observe, comply with, and post as required all Federal, State and local laws, ordinances, and regulations in any manner affecting the conduct of the work applying to employees on the project, as well as all orders or decrees which have been or may be promulgated or enacted by any legal bodies or tribunals having authority or jurisdiction over the work, materials, employees, or contract.

(e) The Contractor shall be aware that the Government may request periodic inspections of the Contractors operations, facilities and equipment, by any applicable governing regulatory agency.

(f) If the Contractor fails or refuses to promptly comply with any of the requirements of this special provision, the Contracting Officer, or his authorized representative, shall notify the Contractor of the noncompliance and indicate to the Contractor the corrective action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, either oral or written, when served on the Contractor or his authorized representative(s) at the site of the work, shall be deemed sufficient notice of noncompliance and of the need for corrective action.

(g) In the event the Contractor fails or refuses to promptly take corrective action, the Contracting Officer or his authorized representative may issue an order to suspend all or any part of the work. When satisfactory corrective action is taken, an order to resume work will be issued. The Contractor shall not be entitled to any extension of time, nor to any claim for damages or to excess costs by reason of either the directive or the suspension order. Failure of the Contracting Officer or his authorized representative to order discontinuance of any or all of the Contractors operations shall not relieve the Contractor of his responsibility for the safety of personnel and property.

(h) Compensation for compliance with any of the above items is to be included in the various items of the Contract for the expense involved.

(End of clause)

Section I- Contract Clauses.

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates…